i. Law Student Practitioners (Rule 138-A, Secs. 1–5, as amended by AM 19-03-24-SC)

B. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01- SC) (part 3 of 4)

> Section 39. Limited Legal Services of law student practitioners. — The Limited Legal Services rendered by a law student practitioner under the Clinical Legal Education Program shall be governed by the CPRA. Section 40. Accountability of legal clinic director and supervising lawyer. — A law student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court shall provide meaningful training to law students. They shall assume responsibility for any work performed by the law student while under their supervision and shall comply with all the laws, rules, and guidelines pertaining to Law Student Practice.

Attorney’s Fees

> Section 41. Fair and reasonable fees. — A lawyer shall charge only fair and reasonable fees. Attorney’s fees shall be deemed fair and reasonable if determined based on the following factors:

(a) The time spent and the extent of the service rendered or required;

(b) The novelty and difficulty of the issues involved;

(c) The skill or expertise of the lawyer, including the level of study and experience required for the engagement;

(d) The probability of losing other engagements as a result of acceptance of the case;

(e) The customary charges for similar services and the recommended schedule of fees, which the IBP chapter shall provide;

(f) The quantitative or qualitative value of the client’s interest in the engagement, or the benefits resulting to the client from the service;

(g) The contingency or certainty of compensation;

(h) The character of the engagement, whether limited, seasonal, or otherwise; and

(i) Other analogous factors.ch

Attorney’s Lien

> Section 47. Enforcement of attorney’s lien. — In case of non-payment of attorney’s fees, a lawyer may resort to the enforcement of the attorney’s lien under Canon III, Section 54, by filing a Notice of Enforcement of Attorney’s Lien with the court, tribunal, or other government agency of origin where the action or proceeding the lawyer rendered service for is pending, without prejudice to other remedies under the law or the Rules of Court. The Notice shall be accompanied by proof of the services rendered, and served on the client. The court, tribunal, or other government agency, after hearing, shall determine the lawyer’s entitlement to the claimed fees. The enforcement of an attorney’s lien shall be treated as an independent claim and shall in no instance delay the resolution of the main case. The resolution of the lawyer’s claim may be included in the main judgment or in a separate partial judgment. In the case of a partial judgment, the same shall be subject of appeal. An appeal in the main case shall not stay the execution of the lawyer’s lien. In the execution of the judgment in the main case, the court shall give due consideration to the pending claim of the lawyer. If the claim for attorney’s lien arises after a decision has been rendered by the court, tribunal, or other government agency of origin on the action or proceeding, the claim for the enforcement of the lien shall be by an independent action. Section 53. Termination of engagement by the lawyer. — A lawyer shall terminate the lawyer- client engagement only for good cause and upon written notice, in any of the following cases:

(a) When the client pursues an illegal or immoral course of conduct in connection with the engagement;

(b) When the client insists that the lawyer pursue conduct that is violative of these Canons and rules;

(c) When the lawyer’s inability to work with a co-counsel will not promote the best interest of the client;

(d) When the moral predisposition or the mental or physical condition of the lawyer renders it difficult to carry out the engagement effectively;

(e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to comply with the retainer agreement, or can no longer be found despite diligent efforts;

(f) When the lawyer is elected or appointed to public office;

(g) Other similar cases. Section 54. Termination of engagement by the client. — The lawyer-client engagement may be terminated by the client at any time upon loss of trust and confidence. The termination of the engagement shall not relieve the client from full payment of all professional fees due to the lawyer. If the engagement has been reduced to writing, the lawyer shall be entitled to recover from the client the full compensation stipulated, unless found by the court, tribunal or other government agency to be unconscionable or unreasonable under Canon III, Section 41 of the CPRA. For the payment of the compensation, the lawyer shall have a charging lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case where the lawyer’s services had been retained by the client.

Prohibition on Lending and Borrowing; Exceptions

> Section 52. Prohibition on lending and borrowing; exceptions. — During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not be covered by this rule. Neither shall a lawyer borrow money from a client during the existence of the lawyer-client relationship, unless the client’s interests are fully protected by the nature of the case, or by independent advice. This rule does not apply to standard commercial transactions for products or services that the client offers to the public in general, or where the lawyer and the client have an existing or prior business relationship, or where there is a contract between the lawyer and the client.

Prohibition against Acquiring Interest in the Object of Litigation or Transaction

> Section 51. Prohibition against acquiring interest in object of litigation or transaction. — A lawyer shall not acquire, directly or indirectly, a proprietary interest in the property or rights which is the object of any litigation or transaction in which the lawyer may take part by virtue of the profession. Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: xxx (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession.

Termination of Engagement by the Lawyer

> Section 53. Termination of engagement by the lawyer. — A lawyer shall terminate the lawyer- client engagement only for good cause and upon written notice, in any of the following cases:

(a) When the client pursues an illegal or immoral course of conduct in connection with the engagement;

(b) When the client insists that the lawyer pursue conduct that is violative of these Canons and rules;

(c) When the lawyer’s inability to work with a co-counsel will not promote the best interest of the client;

(d) When the moral predisposition or the mental or physical condition of the lawyer renders it difficult to carry out the engagement effectively;

(e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to comply with the retainer agreement, or can no longer be found despite diligent efforts;

(f) When the lawyer is elected or appointed to public office;

(g) Other similar cases.

Termination of Engagement by the Client

> Section 54. Termination of engagement by the client. — The lawyer-client engagement may be terminated by the client at any time upon loss of trust and confidence. The termination of the engagement shall not relieve the client from full payment of all professional fees due to the lawyer. If the engagement has been reduced to writing, the lawyer shall be entitled to recover from the client the full compensation stipulated, unless found by the court, tribunal or other government agency to be unconscionable or unreasonable under Canon III, Section 41 of the CPRA. For the payment of the compensation, the lawyer shall have a charging lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case where the lawyer’s services had been retained by the client.

Termination of Engagement upon Death

> Section 55. Termination of engagement upon death. — The death of the lawyer or client shall terminate the lawyer-client relationship. The death of such lawyer shall not extinguish the lawyer-client engagement between the law firm and the client handled by such law firm.

Accounting and Turn-over of Funds and Properties upon Termination of Engagement

> Section 56. Accounting and turn over upon termination of engagement. — A lawyer who is discharged from or terminates the engagement shall, subject to an attorney’s lien, immediately render a full account of and turn over all documents, evidence, funds, and properties belonging to the client. The lawyer shall cooperate with the chosen successor in the orderly transfer of the legal matter, including all information necessary for the efficient handling of the client’s representation. A lawyer shall have a lien upon the funds, documents, and papers of the client which have lawfully come into his or her possession and may retain the same until the fair and reasonable fees and disbursements have been paid, and may apply such funds to the satisfaction thereof.

Canon IV - Competence and Diligence

Duty to provide competent, efficient, and conscientious legal service

> Section 1. Competent, efficient and conscientious service. — A lawyer shall provide legal service that is competent, efficient, and conscientious. A lawyer shall be thorough in research, preparation, and application of the legal knowledge and skills necessary for an engagement.

Duty to diligently and seasonably act on any legal matter entrusted by the client

> Section 3. Diligence and punctuality. — A lawyer shall diligently and seasonably act on any legal matter entrusted by a client. A lawyer shall be punctual in all appearances, submissions of pleadings and documents before any court, tribunal or other government agency, and all matters professionally referred by the client, including meetings and other commitments. Section 4. Diligence in all undertakings. — A lawyer shall observe diligence in all professional undertakings, and shall not cause or occasion delay in any legal matter before any court, tribunal, or other agency. A lawyer shall appear for trial adequately familiar with the law, the facts of the case, and the evidence to be presented. A lawyer shall also be ready with the object and documentary evidence, as well as the judicial affidavits of the witnesses, when required by the rules or the court. Section 5. Prompt and objective assessment of the merits. — A lawyer shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable results of the client’s case. A lawyer shall explain the viable options to the client to enable an informed decision regarding the matter. Section 6. Duty to update the client. — A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action in connection thereto, and shall respond within a reasonable time to the client’s request for information.

Duty to engage in lifelong learning

> Section 8. Lifelong learning. — A competent lawyer engages in lifelong learning through the continued development of professional skills.

Canon V - Equality

Duty to make representation on the basis of non-discrimination

> Section 1. Non-discrimination. — A lawyer shall not decline to represent a person solely on account of the latter’s nationality or ethnicity, sexual orientation or gender identity, religion, disability, age, marital status, social or economic status, political beliefs, or such lawyer’s or the public’s opinion regarding the guilt of said person, except for justifiable reasons.

Duty to provide a higher standard of service to vulnerable persons and indigents

> Section 2. Treatment of vulnerable persons. — In dealing with a client who belongs to a vulnerable sector, a lawyer shall be mindful and sensitive of, and consider the client’s special circumstances, as well as the applicable laws and rules. The lawyer shall observe a higher standard of service suited to the particular needs of the vulnerable person and shall assert such person’s right to meaningful access to justice. A vulnerable person is a person who is at a higher risk of harm than others, and shall include children, the elderly, the homeless, persons with disability, persons deprived of liberty, human rights victims, victims of domestic violence, victims of armed conflict, those who are socio-economically disadvantaged, those who belong to racial or ethnic minorities, or those with debilitating physical or mental conditions. Section 3. Indigent person. — A lawyer shall not refuse the representation of an indigent person, except if:

(a) the lawyer is not in a position to carry out the work effectively or competently due to a justifiable cause;

(b) the lawyer will be placed in a conflict-of- interest situation; or

(c) the lawyer is related to the potential adverse party, within the sixth degree of consanguinity or affinity, or to the adverse counsel, within the fourth degree. An indigent is any person who has no money or property sufficient for food, shelter and other basic necessities for oneself and one’s family.

Duty to provide the same standard of service

> Section 4. Standard of service. — A lawyer shall observe the same standard of service for all clients, regardless of remuneration, except for the higher standard required for representation of vulnerable persons.

Canon VI - Accountability

How instituted

> Section 2. How instituted. — Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the Integrated Bar of the Philippines (IBP), or by any person, before the Supreme Court or the IBP. However, a verified complaint against a government lawyer which seeks to discipline such lawyer as a member of the Bar shall only be filed in the Supreme Court. A verified complaint filed with the Supreme Court may be referred to the IBP for investigation, report and recommendation, except when filed directly by the IBP, in which case, the verified complaint shall be referred to the Office of the Bar Confidant or such fact-finding body as may be designated. Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the judicial service, whether they are charged singly or jointly with other respondents, and whether such complaint deals with acts unrelated to the discharge of their official functions, shall be forwarded by the IBP to the Supreme Court for appropriate disposition under Rule 140, as amended. Section 30. Proceedings initiated before the Supreme Court. — In proceedings initiated by the Supreme Court, or proceedings commenced by complaint filed with the Supreme Court, the Supreme Court may refer the case for investigation, report and recommendation to the Office of the Bar Confidant, or the IBP, or other fact-finding body that is designated or created by the Supreme Court for such purpose. Cases referred to the Office of the Bar Confidant, or other fact-finding body, or the IBP shall proceed in the same manner provided in Sections 5 to 29 of this Canon. In any event, the report and recommendation on the investigation shall be reviewed directly by the Supreme Court, which shall take such necessary action on the report and recommendation as may be warranted.

Proceedings against a government lawyer

> Section 6. Complaint against a government lawyer. — When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon the lawyer’s continuing obligations under the CPRA or if the allegations, assuming them to be true, make the lawyer unfit to practice the profession, then the Investigating Commissioner shall proceed with the case. Otherwise, the Investigating Commissioner shall recommend that the complaint be dismissed.

Proceedings against members of the judiciary

Qualifications

• At least 18 years old
• A resident of the Philippines; and
• The court deems such person as fit